Banks Peninsula RC – 26 September 2008 – Race 1

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hearing_racingtype: thoroughbred-racing

startdate: 26/09/2008

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decisiondate: no date provided

hearing_title: Banks Peninsula RC - 26 September 2008 - Race 1

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Decision:

Following the running of Race 1, the Eureka Trust Handicap, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr J C Bates, alleging a breach of Rule 871 (3) in that Mr Bates, as the rider of UDIDITAGAIN in the Race, “made a celebratory gesture prior to the winning post”.

Following the running of Race 1, the Eureka Trust Handicap, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr J C Bates, alleging a breach of Rule 871 (3) in that Mr Bates, as the rider of UDIDITAGAIN in the Race, “made a celebratory gesture prior to the winning post”.

Mr Bates was present at the hearing of the information and admitted the breach which was found proved accordingly.

Rule 871 (3) provides as follows:

Every rider commits a breach of these Rules who in the opinion of the Judicial Committee makes any celebratory gesture prior to his horse passing the winning post.

Mr Ching informed the Committee that Mr Bates had reason to celebrate because UDIDITAGAIN was his first training success. Mr Ching said that it had been difficult to detect with the naked eye but, upon reviewing the video replay, it was apparent that Mr Bates had put his arm out in a celebratory manner a stride before the post. Mr Ching showed a video replay of the closing stages of the Race which supported what Mr Ching had alleged.

Mr Ching informed the Committee that Mr Bates had been fined the sum of $135.00 for a breach of the same Rule at the Tapanui meeting on 23 December 2007. Mr Ching recommended a fine of between $150 and $250.

Mr Bates confirmed that UDIDITAGAIN’s win had been his first as a trainer. He looked at the finishing post and had thought he had passed it when he made the celebratory gesture. He conceded that he made a misjudgment.

In determining penalty, the Committee took into account:

·         Mr Bates’ very frank admission of the breach;

·         The minor nature of the breach and, in particular, that the gesture took place in very close proximity to the winning post – virtually the last stride; and

·         That Mr Bates was, understandably, excited about his first training win.

Mr Bates was fined the sum of $175.00 and advised to exercise more care in the future.

R G McKenzie

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hearing_type: Old Hearing

Rules: 871.3

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raceid: 5109beb4dec62967a340c8e8b0e641b0

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race_title: Race 1

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meetdate: 26/09/2008

meet_title: Banks Peninsula RC - 26 September 2008

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tracklocation: banks-peninsula-rc

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name: Banks Peninsula RC